Asbestos has caused malignant mesothelioma and lung cancer for centuries, but it’s only been in the last 50 years that experts have connected its fibers to the deaths of those exposed to it. Since then, so many victims have taken legal action against the companies that negligently exposed them that the courts are filled with cases. This has led many to suggest consolidating their claims in the interest of efficiency and judicial economy. In a recent case, a New York judge granted two auto workers’ consolidation request despite objections from Mercedes Benz, Volkswagen, and others.
Auto Mechanics Both Blame Their Lung Cancer on Workplace Exposure
It has been well established that auto mechanics are at high risk for malignant mesothelioma, lung cancer, and other asbestos-related disease. This is largely due to inhaling the carcinogen’s fibers disturbed while brakes and other auto parts have been cleaned, replaced, or installed. Both Joseph Munna and Daniel Lamonica were exposed to asbestos during their employment as auto mechanics, and though they did not work for the same employer, both are pursuing claims against the same auto parts companies.
With both men being represented by the same counsel, suffering from the same disease, and blaming it on the same cause, they requested that their claims be consolidated into a single case, to be heard together. Defendants Mercedes-Benz USA and Volkswagen Group of America jointly opposed their request and were joined separately by other defendants. All of the defendants argued that the men had failed to establish sufficient commonalities between the two cases.
Judge Lists Requirements for Joinder of Mesothelioma and Asbestos Claims
In reviewing the opposing arguments, Justice Adam Silvera of the Supreme Court of the State of New York noted that precedent established that two cases can be joined when certain factors are present. Those factors include common worksites, similar occupations, similar time of exposure, type of disease, whether plaintiffs are living or deceased, status of discovery in ease case, representation by the same counsel, and type of cancer. He also noted that not all factors need to be present to warrant joinder.
Because the lung cancer victims’ claims had six of the eight factors in common, the judge agreed to allow them to join their claims, dismissing the asbestos companies’ concerns about juror confusion.
If you or someone you love has been affected by exposure to asbestos, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
